Einige gedanken über die specificatio Bei Gaius

• Autores: Gergely Dely
• Localización: RIDROM: Revista Internacional de Derecho Romano, ISSN-e 1989-1970, Nº. 11, 2013, págs. 61-87
• Idioma: alemán
• Enlaces
  • Texto completo (doc)
• Resumen

  • The jurists were and still are divided upon the question whether good faith (bona fides) was necessary to acquire the ownership of a newly made thing (species). Gaius also discussed the case of specification (specificatio) in his Institutions. However, he did not explicitly answer the question. This paper seeks to offer a reasonable explanation for Gaius� silence. It argues, that the financial compensation was the main concern of the great roman lawyer who reached a just solution through procedural means on the basis of some sophisticated natural law principles.